Schrimpf v. McArdle
Texas Supreme Court
Appeal from Harris. Action by the appellant against the appellee for $313, the value of certain lumber sold, &c. Original attachment obtained on tbe usual affidavit, on the ground that the defendant was about to remove out of the State. The bond for the attachment was not entitled of any action, and the obligors acknowledged themselves “ bound to pay to-McArdle,” &c., “conditioned that John W. Schrimpf, plaintiffin attachment against-defendant, will prosecute, &c.”
Read the full summary
Appeal from Harris. Action by the appellant against the appellee for $313, the value of certain lumber sold, &c. Original attachment obtained on tbe usual affidavit, on the ground that the defendant was about to remove out of the State. The bond for the attachment was not entitled of any action, and the obligors acknowledged themselves “ bound to pay to-McArdle,” &c., “conditioned that John W. Schrimpf, plaintiffin attachment against-defendant, will prosecute, &c.” The petition was filed and attachment issued May 13th, 1854. The defendant pleaded in reconvention tiie damages sustained by him…
1Opinion of the CourtWheeler, J.
The Act regulating attachments, of the 11th March, 1848, expressly repeals certain Acts ¡therein named, (Hart. Dig. Art. 47,) but neither expressly, nor by necessary implication does it repeal the 143rd Section of the Act to regulate proceedings in the District Court. (Id. 795.) If, however, the affidavit made to obtain the attachment, contains all *371the material, substantive matter set forth in the petition, the requirement of the Section last cited will have been complied with. Whether it does so in the present case it is unnecessary to inquire, for the reason that the attachment was, we…
2Cited by8 opinions
- Perrill & Fox v. RungeTexas Supreme Court · 1888
- Rohrbough v. Leopold Bros. & Co.Texas Supreme Court · 1887
- Lewis & Baker v. StewartTexas Supreme Court · 1884
- Carothers v. McIlhenny Co.Texas Supreme Court · 1885
- Barbee v. HolderTexas Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.